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Time limit (108, 110, 111, 112, 113, 114, 115, 116, 433, 771, 772, 773, 774, 775, 776, 777, 778, 781,-666)

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Keywords: Time limit
Total judgments found: 307

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  • Judgment 977


    66th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Having made his 13.1 request for review on 7 October 1987, the complainant submitted a 'complaint' under 13.2 on 8 April 1988. The lodging of the 13.1 request and the substance of it show that the complainant had become aware of the 'treatment complained of' over six months before he lodged his 'complaint', and it was therefore out of time under 13.2."

    Reference(s)

    Organization rules reference: ARTICLE 13.1 OF THE ILO STAFF REGULATIONS;
    ARTICLE 13.2 OF THE ILO STAFF REGULATIONS

    Keywords:

    date of notification; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 960


    66th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The organisation argues that the complainant's internal appeal against the application of the amended scale of pensionable remuneration was time-barred. The plea fails. The Tribunal holds that "although [the complainant] must have known for over two years that amending the scale would have consequences when she left she could not know what the financial consequences would be."

    Keywords:

    amendment to the rules; amount; consequence; decision; internal appeal; pension; pensionable remuneration; receivability of the complaint; reduction of salary; retirement; scale; separation from service; start of time limit; time bar; time limit;



  • Judgment 955


    66th Session, 1989
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant's "argument that he was late in discovering that the decision had been unlawful is irrelevant: a time limit is a matter of objective fact and starts when the decision is notified. if that were not so - whatever considerations of equity there might be - there could be no certainty in legal relations between the parties, and such certainty is the whole point and purpose of time limits. An exception might be allowed only if the organisation had acted in bad faith and misled the official."

    Keywords:

    consequence; decision; exception; flaw; good faith; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;

    Consideration 4

    Extract:

    "Article VII[1] of the Tribunal's Statute provides that a complaint will not be receivable unless the official has exhausted the internal means of redress. to satisfy that requirement it is not enough for the official to submit an internal appeal: he must submit it in time."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;



  • Judgment 949


    65th Session, 1988
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant retired in December 1985. He is seeking inter alia recognition of his actual duties from the date of appointment in August 1970, reinstatement at grade P.2 as from 31 August 1970, and revision of his retirement pension. "The complaint is clearly irreceivable both because the complainant is not impugning any decision and because any time limit for appealing against the injury he alleges expired many years ago."

    Keywords:

    cause of action; complaint; no cause of action; receivability of the complaint; retirement; summary procedure; time bar; time limit;



  • Judgment 941


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5-6

    Extract:

    The organisation maintains that the complaint was time-barred as it was not filed within ninety days of the implied decision to reject it arising out of the administration's silence. The Tribunal holds that "the organisation may not plead its own failure to act. The complainant had good reason to infer [and had done his utmost to ensure] that his claim was still under review."

    Keywords:

    complaint; failure to answer claim; good faith; implied decision; internal appeal; negligence; organisation; receivability of the complaint; time bar; time limit;



  • Judgment 935


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "No final decision has yet been taken on conclusion of the conciliation procedure. As the organisation observes in its reply, the conciliation procedure does not form part of the appeal proceedings and [...] is not subject to any time limit."

    Keywords:

    absence of final decision; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; time limit;



  • Judgment 931


    65th Session, 1988
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant contends that he was entitled to costs inasmuch as he was granted satisfaction pendente lite and because his complaint was receivable at the date of filing. The Tribunal holding that his appeal was premature and therefore irreceivable, his claim for costs fails.

    Keywords:

    absence of final decision; case pending; costs; failure to answer claim; internal remedies exhausted; receivability of the complaint; settlement out of court; time limit;



  • Judgment 918


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Provided a communication takes the form of a decision, its lawfulness is immaterial to the reckoning of the time limit: to hold otherwise would impair the stability of the parties' position in law, which is the purpose of the time limit."

    Keywords:

    consequence; decision; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;



  • Judgment 905


    64th Session, 1988
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Under Article VII[1] of the Tribunal's Statute a complaint will not be receivable unless it challenges a final decision or, under VII[3], an implied one. Since the organisation did not take an express final decision within 60 days of the date on which the complainant notified his claim by letter of 4 June 1987, his claim is receivable under VII[3] in the same manner as one challenging an express final decision."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
    Organization rules reference: ARTICLES 3.2.1 AND 5.3 OF THE CIPEC STAFF REGULATIONS

    Keywords:

    failure to answer claim; implied decision; internal appeal; internal remedies exhausted; receivability of the complaint; time limit;



  • Judgment 890


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The probationer [is] plainly entitled to be given a full explanation of the assessment of his work in sufficient time to enable him to make comments of his own before the President takes a decision."

    Keywords:

    date; probation report; purpose; right to reply; time limit;



  • Judgment 882


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant maintains that the time-limit for lodging an internal appeal should run from the date on which he received the first pay-slip showing his new grading. To support that view he cites Judgment No. 753 of 12 June 1986. In the view of the Tribunal, the complainant "misreads Judgment 753: what the Tribunal held was that payment of salary might be treated as a challengeable decision only when there was no other."

    Reference(s)

    ILOAT Judgment(s): 753

    Keywords:

    date of notification; decision; formal requirements; internal appeal; pay slip; start of time limit; time limit;

    Consideration 11

    Extract:

    "Since the complainant failed to file his internal appeal in time his complaint is irreceivable. According to Article VII of the Statute a complaint is receivable only if the internal means of redress have been exhausted."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;



  • Judgment 857


    63rd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Tribunal has said there must be reasonable notice of non-renewal, with due regard to the particular circumstances of each case. But she was well warned, for the first time orally over a year before expiry and in writing fifty days before, that her appointment would not be renewed."

    Keywords:

    contract; fixed-term; non-renewal of contract; notice; organisation's duties; reasonable time; time limit;



  • Judgment 810


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "A transfer decision that is made known five days before it comes into effect leaves the official no time in which to act or even to think".

    Keywords:

    notice; time limit; transfer;



  • Judgment 791


    60th Session, 1986
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "[T]he rule [by which receivability hinges on the official's having exhausted the internal means of redress] is not a hard-and-fast one, even though the Statute does not expressly allow any derogation from it. The derogation should in all fairness be allowed if the complainant has done his utmost to obtain a decision, but on the evidence a decision seems unlikely to be taken in reasonable time."

    Keywords:

    exception; failure to answer claim; implied decision; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;



  • Judgment 788


    60th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Tribunal has not thus far set a time limit for seeking review of its judgments. In this case, it considers the delay of nine years entirely unreasonable.

    Keywords:

    application for review; reasonable time; receivability of the complaint; time limit;



  • Judgment 786


    60th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "If a decision is taken, not within the 60 days, but at least before the complaint is filed, the complainant may not allege an implied decision [...] There is the case in which the Appeals Committee fails to report within a reasonable lapse of time: the staff member may then allege an implied decision."

    Keywords:

    failure to answer claim; implied decision; internal remedies exhausted; late decision; reasonable time; receivability of the complaint; time limit;



  • Judgment 775


    60th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "If an internal appeal was time-barred and the internal appeals body was wrong to hear it, the Tribunal will not entertain a complaint challenging the decision taken on a recommendation by that body."

    Keywords:

    advisory opinion; complaint; decision; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit; tribunal;



  • Judgment 763


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Even if the decisions appointing the complainants were tainted with a formal flaw [...] the decisions were challengeable under the internal appeals procedure and before the Tribunal. The formal flaws the complainants allege did not suspend the time limits".

    Keywords:

    appointment; flaw; formal flaw; internal appeal; new time limit; receivability of the complaint; time limit;



  • Judgment 762


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "According to Article VII(3) of the Statute a staff member may appeal to the Tribunal where the administration fails to take a decision upon his claim within sixty days. [...] However, the Principal Director of personnel informed the complainants [...] of the preliminary rejection of their internal appeal and of the referral of their case to the Appeals Committee. That was an express decision which precluded an implied one and hence the application of [Article] VII(3)".

    Reference(s)

    ILOAT reference: ARTICLE VII(3) OF THE STATUTE

    Keywords:

    express decision; implied decision; internal remedies exhausted; provisional decision; receivability of the complaint; time limit;



  • Judgment 752


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Though [the complainant] did rely on facts of which he had been unaware at the outset, there was no new time limit on that account, the time limit in the Service Regulations being objectively determined and unqualified. Any other conclusion, even if founded on considerations of equity, would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit. The only exception is where the organisation has misled the complainant or concealed some paper from him so as to do him harm, in breach of the good faith which should govern administration. But the condition is not fulfilled here."

    Keywords:

    exception; general principle; good faith; internal appeal; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; time bar; time limit;

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